Judith Miller sees a "travesty of justice" in forcing a reporter to divulge the identity of a confidential source who leaked information pertinent to a criminal trial. The real travesty would be if a single journalist affected an accused's right to a fair trial.
Reporters have no business deciding the significance of information covered by a judge's gag order, as the Fox News journalist did in this case by reporting leaked material in the trial of accused Colorado movie theater shooter James Holmes. Transparency demands that a journalist's stories can be proved, not created by the occasional reporter with an ax to grind.
Miller crossed the line in implying that an accused individual must suffer for some higher principle of political openness. Our Founding Fathers quite rightly did not anoint a journalist with standing equal to a judge in determining the path to justice.